Date: January 24, 2020 Re: I. Request for Proposal No. 0000296990 for Late-Shift Shared-Mobility Pilot Program PURPOSE The Metropolitan Transportation Authority (“MTA” or “Authority”) solicits proposals from one or more shared-mobility partners (i.e., transportation network companies (“TNCs”), fleet owners, etc.) to undertake a scalable and sustainable pilot program (“Late-Shift Pilot” or “Late-Shift Pilot Program”) to provide creative and cost-effective on-demand shared dynamically-routed mobility service during nighttime hours in New York City’s outer borough areas where bus service is less frequent than subway service or is unavailable. The Authority sees expanding public transit service to the late-shift as critical due to the commuting challenges this segment of the workforce already faces. In addition, the late-shift is increasing in importance as many of the largest late-shift sectors, such as healthcare, food services and hospitality/ leisure, are expected to grow faster than overall employment over the next five to 10 years. According to the census 1, the number of outer borough residents leaving for work between 12 to 5:00 a.m. increased by more than 13% from 2013-2018. In addition, the number of people leaving for work between 3 to 6:00 p.m., and therefore returning home during the overnight period, increased by 3%. BACKGROUND The MTA is a New York public authority and public benefit corporation chartered by the New York State Legislature in 1965 and is governed by a 14-member Board. The MTA is North America's largest transportation network, serving a population of 15.3 million people across a 5,000-squaremile travel area surrounding New York City, southeastern New York, and Connecticut. The MTA network comprises the nation’s largest bus fleet and more subway and commuter rail cars than all other U.S. transit systems combined. The MTA is also responsible for the operation of toll bridges and tunnels within New York City. The MTA has several operating agencies and subsidiaries. In this RFP, the term “MTA” collectively refers to the MTA and each of its operating agencies and subsidiaries. The MTA’s current operating agencies and subsidiaries include, but are not limited to, the following entities: • 1 MTA Headquarters (“MTAHQ”) provides general oversight, planning and administration, the operation of the MTA police department, and various centrally managed business 2018 American Community Survey: https://censusreporter.org/ MTA RFP No. 296990 Page 1 of 15 RFP Cover Letter • • • • • functions including budget, cash management, finance, real estate, risk management, and other functions to the operating agencies and subsidiaries listed below. MTA New York City Transit (“NYCT”) provides subway service in four New York City boroughs, train service in Staten Island, and bus service in five New York City boroughs. NYCT keeps the city moving 24 hours a day, seven days a week, as its subways speed through underground tunnels and elevated structures in the boroughs of Manhattan, Brooklyn, Queens, and the Bronx. On Staten Island, the MTA Staten Island Railway links 22 communities. NYCT also administers paratransit service throughout New York City to provide transportation options for people with disabilities. MTA Bus Company (“MTA Bus”) was created in September 2004 to assume the operations of seven bus companies that previously operated under franchises granted by the New York City Department of Transportation. MTA Bus operates 47 local routes in the Bronx, Brooklyn, and Queens, and 35 express bus routes between Manhattan and the Bronx, Brooklyn, and Queens. MTA Bus Company has a fleet of more than 1,200 buses, making it the 11th largest bus fleet in the U.S. and Canada. MTA Long Island Rail Road (“LIRR”) provides passenger transportation between New York City and Long Island. LIRR is both the largest commuter railroad and the oldest railroad in the U.S. operating under its original name. Chartered in 1834, it extends from four major New York City terminals – Penn Station, Atlantic Terminal, Long Island City, and Hunterspoint Avenue – through a major transfer hub at Jamaica to the easternmost tip of Long Island. MTA Metro-North Railroad (“MNR”) provides passenger transportation between New York City, southeastern New York, and Connecticut. MNR is the second largest commuter railroad in the U.S. Its main lines – Hudson, Harlem, and New Haven – run northward out of Grand Central Terminal, a Beaux-Arts Manhattan landmark. Grand Central Terminal has been completely restored and redeveloped as a retail hub – a destination in its own right. MTA Bridges and Tunnels (“B&T”) serves more than 868,000 vehicles each weekday – over 310 million vehicles each year – and carries the most traffic of any bridge and tunnel authority in the U.S. B&T’s seven bridges are the Robert F. Kennedy, Throgs Neck, Verrazzano-Narrows, Bronx-Whitestone, Henry Hudson, Marine Parkway-Gil Hodges Memorial, and Cross Bay Veterans Memorial bridges. Its two tunnels are the Hugh L. Carey and the Queens Midtown tunnels. All B&T crossings are within New York City. The partnership being sought through this solicitation would be with the MTA on behalf of itself and its current and future operating agencies and subsidiaries (the “MTA Agencies”). NYCT subway operates 24/7 and NYCT and MTA Bus provide a robust bus service network during most travel hours. However, during the night, some bus routes do not operate or operate very limited services. The rapid evolution of new mobility technologies, such as TNCs and ride hailing apps have provided new opportunities for mobility and access. The MTA hopes to use these services and technologies at the lowest possible cost to the MTA Agencies and its riders to enhance customers’ use of the scheduled transit network and to link riders to connecting mobility services during the night in the areas where bus service is less frequent than subway service or unavailable. Expanding transportation access during these hours will provide an opportunity for the MTA to improve transit equity and support late-shift workers. MTA RFP No. 296990 Page 2 of 15 RFP Cover Letter The MTA plans to carry out a Late-Shift Pilot Program for beginning in June 2020. Following conclusion of the pilot program, the MTA may, at its discretion: - - End the Late-Shift Pilot Program Extend the Late-Shift Pilot Program for a period to be negotiated with the Late-Shift Partner(s) in existing or alternative service areas Implement an ongoing service program with existing or new Late-Shift Partner(s) Success Criteria/KPIs for the Late-Shift Pilot II. Increased ridership at selected transit stations during pilot hours Successful incorporation of multi-modal transit, with confirmed multi-modal journeys Positive feedback from customers Meeting ten-minute waiting time threshold Increased MTA app usage Sufficient data collected to determine wider applicability of the Late-Shift Pilot Program PRELIMINARY LIST OF MTA UNDERSERVED AREAS DEFINED FOR THE PURPOSES OF THE RFP For the purposes of this RFP, the MTA has defined a list of targeted New York City areas that are subject to the following constraints: 1. Are more than ½ mile from the nearest transit station 2. Have limited or no overnight bus service nearby (with bus arrivals more than every 20 minutes, except in Staten Island where the bus schedule is linked to the Staten Island Ferry arrival) 3. Are outside of Manhattan The maps of these areas are shown in Exhibit B to Attachment A; the associated geolocation files are provided in Exhibit C to Attachment A; and the list of NYCT subway stations closest to these areas, as well as relevant ridership information, are provided in Exhibit A to Attachment A. For the purposes of the RFP, the MTA is seeking responses related to a Late-Shift Pilot Program in the areas shown in Attachment A. There are multiple ways that an underserved area can be defined. For the purposes of the Late-Shift Pilot Program, the MTA reserves the right to choose any of the areas listed in Attachment A or define a pilot location that is different from the areas listed in Attachment A. In addition, the night time hours of operation for the Late-Shift Pilot vary from hours of operation shown in Attachment A and will be chosen depending on frequency and availability of bus operations in a particular area. The final determination of the pilot area and hours of operation will be made in Phase 2 of the RFP during the solicitation of follow-up Proposals (see Section V: Solicitation Process for a discussion of the twophase process, and description of initial Proposals and follow-up Proposals). III. Operational Considerations Booking and Payment The MTA recently introduced the OMNY system, an account-based, contactless fare payment system based primarily on open bank card payments. OMNY has initially been implemented at select NYCT subway stations and on all NYCT Staten Island buses. Eventually, OMNY will be expanded to include all NYCT bus routes and subway stations, and Staten Island Railway locations, as well as commuter MTA RFP No. 296990 Page 3 of 15 RFP Cover Letter rail services across LIRR and MNR. A complete rollout of OMNY features to MTA customers is targeted for mid-2023. During the completion of OMNY, eTix, the LIRR and MNR mobile ticketing app will be replaced with mobile ticketing in OMNY, and MetroCard will be decommissioned in 2023. MTA requires that ultimately trips in the MTA Late-Shift Pilot Program are booked and paid for out of the MTA app and MTA OMNY customer account. However, if by the time of the pilot rollout, the OMNY system and/or the MTA app is not available, the MTA and its Late-Shift Partner(s) will have to provide alternative booking and payment mechanisms. In addition, customers without access to a smartphone or unbanked customers must be able to access the mobility service by means other than the mobile app. Transparency and Audit The MTA will require access to all of the Late-Shift Pilot Program data, as well as pertinent back-up documentation. In addition, except as the MTA may otherwise agree, the MTA will require access to all related Late-Shift Pilot Partner revenue and expense reports, in the same form as they are available to Late-Shift Pilot Partner management. Additionally, records pertaining to services conducted pursuant to the Late-Shift Pilot Program may be subject to audit. IV. SOLICITATION PROCESS This solicitation process will be conducted in two phases. Phase 1 is this solicitation of proposals designed to provide the MTA with information it requires to determine how best to balance its interests in (A) making the Late-Shift Pilot Program affordable to the customers and maximizing MTA’s ridership in both subway and bus networks; and (B) minimizing the cost of the Late-Shift Pilot Program attributable to the MTA (“Initial Proposals”). In Phase 1, MTA will solicit information with regards to multiple underserved areas as more fully described in Section II: Preliminary List of MTA Underserved Areas Defined for the Purposes of the RFP. After the MTA analyzes the Initial Proposals it receives -- and obtains a better understanding of how Proposers propose to structure the potential Late-Shift Pilot -- the MTA may issue the second phase of the RFP solely to the responsive Proposers from Phase 1 or in any alternative manner in which it deems in its best interest. In Phase 2, the MTA may request follow-up Proposals that are responsive to more definitive technical and commercial parameters, including specific Late-Shift Pilot areas, which will be set forth in Phase 2. The Late-Shift Pilot area(s) selected for Phase 2 may differ from those in Phase 1. In addition, hours of operation selected for Phase 2 may differ from those in Phase 1 due to various factors, including specific Phase 2 Pilot area bus service frequencies. Selection Process Upon review of the Proposers’ initial submissions, the MTA may request that some or all Proposers (1) submit one or more additional Proposals (each, a “Follow-up Proposal”), the terms of which will be defined by the MTA, and/or (2) meet with MTA to discuss the Initial Proposal and/or any Followup Proposals. The final selection of Late-Shift Pilot Partners and the material business terms of any agreement relating to the Late-Shift Pilot may be subject to the written approval of the MTA Board of Directors. The MTA shall be the sole judge of whether a Proposal conforms to the requirements of this RFP, the merits and acceptability of the Proposals, and the eligibility or qualification of any Proposer. MTA RFP No. 296990 Page 4 of 15 RFP Cover Letter The MTA may at any time exclude Proposals that, in the sole and absolute discretion of the MTA, are deemed to fail to comply with the requirements of this RFP or to fall outside of the competitive range. The MTA will review all Proposals for completeness and compliance with the terms and conditions of this RFP, and may, at any stage of the RFP process, request from any or all of the Proposers additional material, clarification, confirmation, or modification of any Proposal, including any Proposal that is deemed by the MTA, in its sole discretion, to be incomplete or nonconforming. Except at the request or with the consent of the MTA (which shall be granted or withheld in the sole and absolute discretion of the MTA), Proposers will not be entitled to change their Proposals once submitted. Notwithstanding the foregoing, the MTA may select one or more Late-Shift Pilot Programs described in one or more of the Initial Proposals as the program(s) best suited for MTA support (the “Preferred Program(s)”) based on the criteria outlined in this RFP. The MTA may work with one, or several, of the Proposers on enhancements and revisions to the Preferred Program(s) and enter into nonexclusive negotiations for an agreement (the “Agreement”; the parties to such Agreement, MTA “LateShift Pilot Partners”) for MTA support of one or more programs, which incorporate the Preferred Program(s). The MTA reserves the right to select a Proposer to proceed to an Agreement on the basis of Initial Proposals received pursuant to this RFP without discussions; therefore, each Proposer’s Initial Proposal should contain its best programmatic, technical, and innovative Late-Shift Pilot Program proposal responsive to the RFP. For the above reasons, the MTA strongly encourages all interested parties to submit Proposals in response to this RFP. Reservations The MTA reserves the right to (i) reject all Proposals submitted; (ii) accept any Proposal as submitted without oral presentations or negotiations; (iii) require revisions to, corrections of, or other changes to any Proposal submitted as a condition of it being given further consideration; (iv) reject, without entertaining revisions or conducting negotiations, a Proposal with major substantive deficiencies; (v) at any time during the RFP process, should the MTA determine that a Proposer, including its proposed subcontractors, is found not acceptable in any area, the MTA may eliminate such Proposer from any further consideration or evaluation; (vi) select for negotiations only the overall best Proposal submitted, as determined by the MTA; (vii) negotiate with those Proposers whose acceptable Proposals fall within a competitive range; (viii) negotiate with one or more Proposers in any manner it deems fit, (such negotiations may be concurrent or sequential as the MTA determines); (ix) following the conclusion of all negotiations, issue a revised RFP or portion thereof and solicit “Best and Final Offers,” or solicit “Best and Final Offers” utilizing another appropriate procedure; (x) accept improvements to, enhancements of or other revisions to any Proposal at any time if it deems such to be in its best interest. No Proposer shall have any rights against the MTA arising at any state of the solicitation based upon any negotiations that take place, or because the MTA does not select a Proposer for negotiations, or if the MTA, for any reason, determines not to make an award of the Agreement. The MTA also reserves the right to (a) incorporate into the Agreement the successful Proposer’s Proposal or portions thereof, as accepted by the MTA; (b) revise the solicitation documents in accordance with the completed negotiations with the successful Proposer and require such Proposer to execute the resultant Agreement or develop a new Agreement reflecting the completed negotiations with the successful Proposer and require such Proposer to execute same; and (c) take such other action as may be in the best interests of the MTA consistent with the law. MTA RFP No. 296990 Page 5 of 15 RFP Cover Letter The MTA reserves the right, at any time, in its sole and absolute discretion and without liability, to postpone submission deadlines, accept or reject any or all Proposals, modify or withdraw this RFP without notice, negotiate with any one or more Proposers and/or with parties other than those responding to this RFP and/or on terms other than those set forth herein, waive compliance with and/or change any of the terms of this RFP, seek additional input, including best and final offers from one or more prospective Late-Shift Pilot Partners (but not necessarily all prospective LateShift Pilot Partners), or enter into written agreements relating to potential Late-Shift Pilot outside of the RFP process. The MTA reserves the right to negotiate any and all terms of any transaction with one or more conditionally designated Late-Shift Pilot Partners. If negotiations cannot be concluded successfully with any conditionally designated Late-Shift Pilot Partners, the MTA may choose to negotiate with other Proposers, to terminate the selection process or to begin a new selection process. The MTA will not in any circumstance pay for or refund any costs or expenses incurred by any Proposer in responding to this RFP. A Proposer may be rejected by the MTA if such Proposer, or any principal, partner, officer, director, member, manager, or principal shareholder thereof, is determined, in the sole and absolute discretion of the MTA, to have been convicted of or, pleaded guilty or nolo contendere to a felony or crime of moral turpitude, to be an “organized crime figure”, to be under indictment or criminal investigation, or to be in default on any material debt, contract, or obligation to or with the State of New York, City of New York, the MTA, or any of their respective affiliates, subsidiaries, agencies, or instrumentalities. Late-Shift Pilot Partner will be required to complete a background questionnaire to verify that it is in full compliance with these requirements. The MTA may exercise any of these aforementioned rights at any time, without notice to any Proposer or other parties and without liability to any Proposer or other parties for their costs, expenses or other obligations incurred in the preparation of a Proposal or otherwise. Confidentiality of Proposer’s Information Public access to material submitted by Proposers in response to this RFP will be governed by the relevant provisions of the Freedom of Information Law, which constitutes Article 6 of the New York State Public Officers Law ("FOIL"), and regulations adopted pursuant thereto. Subject to Ownership & Use of Idea Submissions section b, if any Proposer submits information that it believes to be a trade secret or otherwise exempt from disclosure under FOIL, it must specifically identify such information and state in writing the reasons why the information should be exempt from disclosure. This characterization shall not be determinative, but will be considered by the MTA when evaluating the applicability of any exemptions in response to a FOIL request. General Conditions The MTA makes no representations or warranties whatsoever with respect to this RFP, including, without limitation, representations or warranties as to the accuracy or completeness of any information or assumptions contained in this RFP or otherwise furnished to Proposers. Proposers should make their own analyses and evaluations of the demand for the Late-Shift Pilot Program in any underserved area as well as number of vehicles needed, fixed and variable expenses and costs, and other financial metrics associated with the Late-Shift Pilot Program, and, except as the applicable Late-Shift Pilot agreement(s) may ultimately otherwise expressly and specifically provide, Proposers shall not be entitled to rely upon any statement or information provided to MTA RFP No. 296990 Page 6 of 15 RFP Cover Letter Proposers by the MTA, including without limitation, any information contained in this RFP or in any other documents cited in this RFP or made available during this RFP process. Subject to all applicable laws, upon submission of a Proposal to this RFP, Proposers, and their representatives and agents, shall treat their Proposals and all information obtained from the MTA in connection with this RFP (the “Confidential Information”) confidentially, and shall not discuss, publish, divulge, disclose or allow to be disclosed the Confidential Information to any other Proposers or any other person, firm or entity, including press or other media, without the MTA’s prior written approval. Proposers shall refer all press and other inquiries concerning the RFP and the Confidential Information, without further comment, to the MTA. Not an Offer This RFP does not constitute an offer to enter into an agreement with any of the Late-Shift Pilot Partners. Neither the MTA nor any of the Agencies shall incur any obligation or liability on account of any submission made in connection with this RFP (nor shall any Proposal be deemed accepted) unless and until an agreement setting forth all the terms and conditions of a transaction has been fully negotiated and a written agreement incorporating such terms and conditions has been fully executed and unconditionally delivered by all the parties thereto and all necessary consents and approvals have been obtained, including, without limitation, approval of such written agreement by the MTA Board of Directors. V. Required Submission Contents 1. Information about Your Company As part of this RFP, it is important for the MTA to learn more about your company. Please provide the following information: • • • • • • • Your company’s size Your company’s structure and composition Your company’s lines of business Your company’s products and services Your company’s partners and competitors Your company’s business and financial performance. Specifically, please provide: o Certified financial statements, including applicable notes, reflecting the firm’s assets, liabilities, net worth, revenues, expenses, profit or loss and cash flow for the three most recent calendar or fiscal years. o If such certified financial statements are not available, then either reviewed or compiled statements prepared by an independent certified public accountant setting forth the aforementioned information. o If neither such certified financial statements nor such financial statements from an independent accountant are available, then financial statements containing such information prepared directly by the firm, accompanied by a signed copy of the firm’s most recent filed Federal income tax return and a certification, signed by an executive officer of the firm, that such statements accurately reflected the financial condition of the Proposer as of the date of their preparation. o A certification, signed by an executive officer of the firm or its designee, that the present financial condition of the firm is at least as good as that shown on the statements submitted. The markets in which your company operates MTA RFP No. 296990 Page 7 of 15 RFP Cover Letter • • The length of time your company has been in operation Key personnel, including personnel specifically assigned to the MTA Late-Shift Pilot Program 2. Base Case Scenarios As part of this RFP, it is important for the MTA to understand your company’s perspective about the nature and type of business arrangement you would propose with the MTA. It is also important for the MTA to be able to evaluate the anticipated sustainability and scalability of your proposed product. To that end, in addition to the required narrative submission, we are requiring Proposers to fill out an electronic Excel template attached to this RFP as Exhibit A to Attachment A. The template requires proposers to provide a pro forma business plan by filling out certain information related to a series of fixed customer fare scenarios described below (Base Case Scenarios): o o o o o o o o Scenario 1: 0% of program variable costs are subsidized; Customer covers 100% of fixed fare Scenario 2: Portion of program variable costs are subsidized; Customer’s fixed fare is $6.00 per ride Scenario 3: Portion of program variable costs are subsidized; Customer’s fixed fare is $5.00 per ride Scenario 4: Portion of program variable costs are subsidized; Customer’s fixed fare is $4.00 per ride Scenario 5: Portion of program variable costs are subsidized; Customer’s fixed fare is $3.00 per ride Scenario 6: Portion of program variable costs are subsidized; Customer’s fixed fare is $2.00 per ride Scenario 7: Portion of program variable costs are subsidized; Customer’s fixed fare is $1.00 per ride Scenario 8: 100% of program variable costs are subsidized; Customer covers 0% of fixed fare For the purposes of this section of the Technical Proposal, please assume that customer wait time should not exceed 10 minutes, that the customer will need to be picked up no further than .25 miles from his or her location, and the average trip time should not exceed direct point-to-point trip time by more than 20 minutes. Please use the electronic template that is attached to this RFP as Exhibit A to Attachment A to provide your response. Exhibit A to Attachment A requires you to provide information such as (i) vehicle type, (ii) vehicle size, (iii) the anticipated numbers of passengers per hour, (iv) anticipated number of vehicles needed to accommodate those passengers per hour, (v) projected cost per vehicle hour, (vi) projected cost per ride, and (vii) projected service delivery cost. In addition, please include any relevant narrative in your narrative submission. Please additionally provide: o o A description of your fixed costs assuming (a) only one underserved area is chosen for a Late-Shift Pilot Program; (b) one underserved area per borough (except Manhattan) is chosen for the Late-Shift Pilot Program (a total of four underserved areas); and (c) fixed costs are related to all underserved areas. A detailed description of the types of vehicles being proposed to provide the mobility service, including resources to provide accessible rides as needed. Please specify whether you are planning to use dedicated or non-dedicated fleet or a mix of dedicated and nondedicated vehicles. MTA RFP No. 296990 Page 8 of 15 RFP Cover Letter o o A description of the process by which customers without access to a smartphone or unbanked customers will be able to access the mobility service. Indication of whether your drivers have undergone drug and alcohol testing. If yes, please provide additional details about your drug and alcohol testing requirements. Additionally, data integration will be a major part of ensuring a successful program. The MTA has several public endpoints, as well as some private ones. We expect Proposers to have documented API endpoints to integrate into their systems, and request that Proposers share their API documentation or explain how you would provide system integration. 3. Preferred Case Proposal In addition to the Base Case Scenarios designed by the MTA, the Proposer may provide its own preferred scenario and describe the MTA’s role in its preferred scenario Late-Shift Pilot Program structure and the proposed financial terms of its business partnership with the MTA. In addition to the narrative description of its preferred scenario, please fill out the relevant tab of electronic template attached to the RFP as Exhibit A to Attachment A. 4. Additional Information Please additionally provide the following information: • • VI. References, including contact information of prior clients whom the MTA may contact Any additional information you feel may be useful in evaluating your proposal RFP SCHEDULES AND TIMELINE The dates associated with each activity are subject to change by the MTA’s sole discretion. Date Activity January 24, 2020 Issuance of RFP; Phase 1 begins January 31, 2020 Pre-Proposal conference February 5, 2020 Deadline to submit written questions February 18, 2020 Submission of Phase 1 Proposals February 24 through Oral presentation (if necessary) & Shortlisting February 28, 2020 March 3, 2020 Issuance of Follow-Up RFP & BAFO; Phase 2 begins March 16, 2020 Submission of Follow-Up Proposals March 19 through March Oral presentations for Phase 2 (if necessary) 20, 2020 March 2020 Selection of Late-Shift Partner The dates for the following activities are target dates only. The activities may be completed earlier or later than the dates shown. VII. SUBMISSION OF PROPOSALS The MTA will be conducting this procurement through a secure online portal managed by the Government Sourcing Group (GSG). GSG’s web-based process has been customized for the MTA to electronically receive proposals in an electronically secure manner. MTA RFP No. 296990 Page 9 of 15 RFP Cover Letter To obtain further information about this procurement process and receive training to ensure access to the RFP documents, a prospective supplier must contact the MTA’s authorized representative Mr. Adam Ellsworth of the Government Sourcing Group (GSG) by telephone at (203) 434-3918 or by email to aellswor@mtabsc.org. The MTA will evaluate proposals received based on the selection criteria specified in the RFP documents. The MTA in its sole discretion, may negotiate with selected Proposers, who may be required to provide additional information, and an oral presentation. There is no charge to a Proposer in order to participate in this process and no fees will be charged to the Proposer awarded an Agreement. A Proposer participates in this RFP process at its own expense. The MTA will not pay for any expenses incurred by a Proposer in connection with its participation in this RFP. The currently scheduled due date for the MTA to receive proposals through the GSG portal is February 18, 2020 at 3:00 pm EST, see RFP Schedule and Timeline section. No proposals will be accepted after the due date, unless that date is extended in the MTA's sole discretion. Prospective Proposers shall include a cover letter with the submission which identifies: the individual with the authority to negotiate for and bind the firm, and the individual's telephone and fax numbers. An e-mail address must be included. Any materials submitted with your proposal becomes the property of the MTA, unless otherwise specified. All proposals submitted in response to the RFP will be evaluated in accordance with the evaluation criteria. In the MTA’s sole discretion, a Proposer may be requested to provide additional information and to make an oral presentation in connection with its proposal. Whether a firm is requested to make such a presentation is not determinative of the final evaluation of the firm according to the evaluation criteria set forth herein. VIII. Proposer must be available to make an oral presentation, if so requested, will be at any time from February 24 through February 28, 2020, and if awarded the Agreement, be available to start work by April 2020. POINT OF CONTACT WITH THE MTA Please be advised that this RFP is subject to the NYS Procurement Lobbying Law. A prospective Proposer is not permitted to contact any MTA or GSG personnel other than the designated points of contact. The point of contact at the MTA Procurement Department is Reggie Matela @ (646) 376-0065 or reggie.matela@mtahq.org. A violation will be reported and may result in a non-responsibility determination, disqualification from award or debarment for a period of up to four years. For additional information about the Lobbying Law, contact the NYS Office of General Services at (518) 474-5607 or http://www.ogs.ny.gov/ACPL/. IX. PROPOSER INQUIRIES Any questions regarding this request for proposals shall be made in writing by email to the MTA’s contact, R. Matela at reggie.matela@mtahq.org. All such questions to be considered, shall be received in this office by e-mail at February 5, 2020 by 3:00 PM. Any answers to questions as well as any MTA RFP No. 296990 Page 10 of 15 RFP Cover Letter additional provisions the MTA may decide to include in the RFP, will be issued in writing by the MTA as an addendum to the RFP and will be posted into the GSG online portal. Proposers will be required to download, sign and upload back to the GSG portal any RFP addendums that require a Proposer’s signature. X. PRE-PROPOSAL CONFERENCE In order to assist prospective Proposers in the preparation of their Proposals, a Pre-Proposal conference will be held on January 31, 2020 at 10:00 AM, located at 2 Broadway, New York, Conference Room C16.08, NY 10004. If interested in attending, please notify reggie.matela@mtahq.org by January 30, 2020. Prospective Proposers may use the Pre-Proposal conference to address any concerns they may have regarding the RFP, including but not limited to the scope of the RFP requirements and any conditions imposed on Proposers. The Pre-Proposal conference shall be informal to the extent that the Authority shall not be bound by any statement made at such conference unless such statement is subsequently issued in an addendum, which will be sent to all prospective Proposers. XI. ADDITIONAL INFORMATION TO AND FROM PROPOSERS Should the MTA require additional information from the Proposer in connection with the RFP documents submission, such information shall be provided within the timeframe specified by the MTA. XII. EVALUATION CRITERIA The MTA is soliciting a best value RFP, which encourages innovative proposals that provide both financial and socio-economic benefits to the MTA and its customers. Proposals shall be evaluated based on the following criteria in order of priority with weights indicated: CRITERIA 1. Responsiveness to the RFP: - The firm's demonstration of a clear understanding of the objectives and constraints of the undertaking1 2. Experience, Qualifications & Resources: - Providing shared mobility services to public or quasi-public regional transportation systems - Experience with projects both similar to this RFP and industry wide years of experience with developing successful shared mobility programs - Key personnel and depth of knowledge – assigned to project - Availability of resources to scale their proposed program to meet current and future demand 3. Cost effectiveness of the proposed Late-Shift Pilot Program - Minimizing cost to the customer - Maximizing NYCT ridership - Minimizing cost to the MTA - Scalability and sustainability of the proposed program MTA RFP No. 296990 Page 11 of 15 WEIGHTS 25 30 40 RFP Cover Letter 4. Proposers Diversity Practices as determined by the Authority’s Assessment Of Proposer’s answers to Attachment I (Proposers Diversity Practices Questionnaire) 2 TOTAL 1 5 100 Responsiveness of the RFP. Any incomplete or not fully responsive response will be considered a negative factor, the consequences of which may range from loss of evaluation points to a decision not to consider the Proposer for award. This applies to all Proposers, including firms that have done or are currently doing business with MTA, and firms that have not done business with MTA. 2 Proposer’s Diversity Practices as determined by the Authority’s assessment of Proposer’s answers to Attachment I (Proposer Diversity Practices Questionnaire), which is primarily though not entirely, concerned with Proposers use of, and programs for, New York State certified Minority and Women Owned Business Enterprises. Proposer’s answers to Attachment I will be scored by the Authority at its sole discretion. MTA reserves the right to award the Agreement to the most responsible Proposer submitting a proposal which is most advantageous and in the best interest of the MTA. The MTA shall be the sole judge of the proposal that is/are in its best interest and its decision is final. There is no obligation on the part of the MTA to award an Agreement to the Proposer who offers the highest revenue share to the MTA. Ownership & Use of Idea Submissions Once submitted, a Proposal will become the property of the MTA. The MTA will be entitled to retain, use, and disseminate without compensation to or the permission of the applicable Proposer, such Proposal and the information contained therein, including but not limited to any concept, element or idea (including financial plans and ownership structures) disclosed in or evident from the foregoing or that may be revealed during any communications with Proposers. MTA FORMS TO BE REVIEWED AND COMPLETED, WHERE APPLICABLE, AS DETAILED BELOW: 1.1. Proposers shall familiarize themselves with the Attachments and Appendices provided with the RFP (as listed below), complete and sign, as applicable. 1.2. Completed MTA Forms shall be attached to the Proposer’s submission and submitted on or before February 18, 2020. a) Attachment A: Pro Forma Business Plan a. Exhibit A: Pro Forma Business Plan Template b. Exhibit B: Maps of Underserved Areas c. Exhibit C: Geolocation Files for Maps of Underserved Areas d. Exhibit D: Late-Shift Census Data b) Attachment B: All Agency Responsibility Guidelines c) Attachment C: Intentionally Omitted d) Attachment D: Omnibus Procurement Act e) Attachment E: Prompt Payment Provisions f) Attachment F: NYS Lobbying Law (complete and sign) g) Attachment G: Proposer’s Certification of Compliance with MTA Vendor Code of Ethics (complete and sign) h) Attachment H: Iran Divestment Act (complete and sign) i) Attachment I: Diversity Practices Questionnaire j) Attachment J: Special Notice – Vendor Debarment k) Appendix A: Compensation Provisions MTA RFP No. 296990 Page 12 of 15 RFP Cover Letter XIII. l) m) n) o) p) Appendix B: Affirmative Action/EEO Requirements (complete and sign) Appendix C: Insurance Guidelines for Contractors Appendix D – J: Intentionally Omitted Appendix K: E.O. 177 Compliance and Certification (complete and sign) Appendix L: Statement on Sexual Harassment Policy and Prevention and Certification (complete and sign) MTA FORMS/ATTACHMENTS DETAILS AND REQUIREMENTS 1. ATTACHMENT A - Pro Forma Business Plan 2. ATTACHMENT B – All Agency Responsibility Guidelines - Data Questionnaire 3. ATTACHMENT C - (Intentionally Omitted) 4. ATTACHMENT D –IMPLEMENTATION OF OMNIBUS PROCUREMENT ACT Proposers are advised that an awarded contract is subject to the provisions of the Omnibus Procurement Act of 1992, Chapter 844, Laws of 1992 (see Attachment D). 5. ATTACHMENT E – PROMPT PAYMENT LAW 6. ATTACHMENT F AND CORRESPONDING FORM 1 AND FORM 2 NEW YORK STATE LOBBYING LAW OF 2005 Chapter 1 of the Laws of 2005, as amended by Chapter 596 of the Laws of 2005 (collectively referred to as the “Lobbying Law”), was signed into law in August 2005. The Lobbying Law makes major changes to the Legislative Law and State Finance Law, which regulate lobbying on government procurement initiatives. In particular, the Lobbying Law creates two new sections in the State Finance Law: Section 139-j to address restrictions on “contacts” during the procurement process; and Section 139-k to address the disclosure of contacts and the responsibility of bidders and Proposers during procurements. These sections are effective as of January 1, 2006. If it is found that an Offerer has knowingly and willfully violated State Finance Law Section 139-j (3), the Offerer and any of its subsidiaries, related or successor entity will be determined to be a non-responsible bidder and shall not be awarded the Agreement. A subsequent finding of nonresponsibility by the Vendor or Contractor within four years of a prior determination of nonresponsibility results in the vendor or contractor being ineligible to submit a proposal on or be awarded any procurement contract for four years from the date of the second finding of nonresponsibility. See State Finance Law Section 139-j (10) (b). Attachment F, Compliance with New York State Finance Law Sections 139-j and 139-k, is attached and made part of this RFP in compliance with the Lobbying Law. In complying with the Lobbying Law, Proposers are required to complete and submit with their proposal the two forms (Form 1 and Form 2) attached to Attachment F herewith. For additional information regarding the Lobbying Law, all Proposers are urged to contact the New York State Office of General Services at (518) 474-5607, or access their website: http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html. 7. ATTACHMENT G - METROPOLITAN TRANSPORTATION AUTHORITY VENDOR CODE OF ETHICS MTA RFP No. 296990 Page 13 of 15 RFP Cover Letter The Metropolitan Transportation Authority has adopted a Vendor Code of Ethics (the “Code”), which is applicable to all Vendors, as defined by the Code, involved in the procurement process for the award and performance of the Agreement. The Code is available for immediate review by the Proposer on the MTA Website at www.mta.info/mta/procurement/vendor-code.htm, and all Proposers must certify compliance with the Code. 8. ATTACHMENT H – IRAN DIVESTMENT ACT This Agreement is subject to New York State Finance Law 165-a, Iran Divestment Act of 2012 which requires the Office of General Services to post on its web site (http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf) a list of persons who have been determined to engage in investment activities in Iran. The Authority may not enter into or award a contract unless it obtains certification, Attachment H, from a Proposer that they are not on the list. Certification must be returned with proposal documents. 9. ATTACHMENT I – PROPOSER DIVERSITY PRACTICES QUESTIONNAIRE MTA has determined, pursuant to New York State Executive Law Article 15-A, that the assessment of the Diversity Practices of Proposers to this RFP is practical, feasible and appropriate. Accordingly, Proposers to this RFP shall be required to include as part of their Proposal, the completed, Proposer Diversity Practices Questionnaire, which contains the questions that the Proposer must answer regarding Diversity Practices. 10. ATTACHMENT J - SPECIAL NOTICE – Vendor Debarment for MTA Contracts In accordance with Public Authorities Law §1279-h, the Contractor will be debarred and will not be permitted to bid on future MTA contracts for a period of five years if, pursuant to regulation established by the MTA for the debarment of contractors a final determination is made by the MTA that the Contractor failed to substantially complete all work within the time frame set forth in the contract, including any subsequently executed change order, by more than ten percent of the contract term, or that the Contractor's claimed costs exceeds ten percent or more of the total contract cost, including costs associated with any subsequently executed change orders, and where such claimed costs are deemed to be invalid pursuant to the contractual dispute resolution process. 11. APPENDIX A – COMPENSATION PROVISIONS 12. APPENDIX B − AFFIRMATIVE ACTION/EQUAL EMPLOYMENT OPPORTUNITY a. EEO/Non-Discrimination - In connection with this Agreement, the Contractor will not discriminate against any employee or applicant for employment for work under this Agreement, or any subcontract hereunder, because of race, creed, color, national origin, sex, age, disability or marital status, nor will it discriminate against any person who is qualified and available to perform the work to which the performance relates. The Contractor will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. This Agreement is subject to the Affirmative Action/EEO Requirements set forth in Appendix B. b. Affirmative Action/EEO Submission Requirements - The successful Contractor MTA RFP No. 296990 Page 14 of 15 RFP Cover Letter will be required to submit an EEO Policy Statement and a copy of their current EEO-1 form, detailing the firm's workforce composition (see Appendix B) within seven (7) calendar days after it receives verbal notification. The Authority’s Procurement Division may extend the deadline for submission of an EEO-1 Form or an EEO Policy Statement. Any requests for an extension must be submitted to the Authority’s Procurement Division for the attention of the Contract Manager. 13. APPENDIX C – INSURANCE GUIDELINES FOR CONTRACTORS 14. APPENDIX D THROUGH J (Intentionally Omitted) 15. APPENDIX K – E.O. 177 COMPLIANCE AND CERTIFICATION 16. APPENDIX L – STATEMENT ON SEXUAL HARASSMENT POLICY AND PREVENTION CERTIFICATION 17. NEW YORK STATE COMPTROLLER REVIEW/APPROVAL In accordance with Public Authorities Law §2879-a, the contract resulting from this RFP may be subject to review and/or approval by the Office of the State Comptroller (OSC), and shall not be valid, effective or binding until it has been approved by the OSC, if such review and/or approval is required. Attachments: a) Attachment A: Pro Forma Business Plan a. Exhibit A: Pro Forma Business Plan Template b. Exhibit B: Maps of Underserved Areas c. Exhibit C: Geolocation Files for Maps of Underserved Areas d. Exhibit D: Late-Shift Census Data b) Attachment B: All Agency Responsibility Guidelines c) Attachment C: Intentionally Omitted d) Attachment D: Omnibus Procurement Act e) Attachment E: Prompt Payment Provisions f) Attachment F: NYS Lobbying Law (complete and sign) g) Attachment G: Proposer’s Certification of Compliance with MTA Vendor Code of Ethics (complete and sign) h) Attachment H: Iran Divestment Act (complete and sign) i) Attachment I: Diversity Practices Questionnaire j) Attachment J: Special Notice – Vendor Debarment k) l) m) n) o) p) Appendix A: Compensation Provisions Appendix B: Affirmative Action/EEO Requirements (complete and sign) Appendix C: Insurance Guidelines for Contractors Appendix D – J: Intentionally Omitted Appendix K: E.O. 177 Compliance and Certification (complete and sign) Appendix L: Statement on Sexual Harassment Policy and Prevention and Certification (complete and sign) MTA RFP No. 296990 Page 15 of 15 RFP Cover Letter